The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-01-12
II is Lamentable.

I'll is Lamentable-
In the case of a. E. Fldnnekes u. j. II.
Wright, decided by the Supreme Court
On Monday last, Judge Campbell in de-
liveriDg the opinion used the following
forcible language:
lts lamentable that we have separate sys-
TENS OF law and equity, with the multitu-
dinous evils flowing from the separation
but so long as this reproach to the civiliza-
ton Of the age exists by the Constitution,
the courts it creates cannot disregard it.
and must maintain it, according to the set
tied rules on the subject By these rules
the remedy Of the party against an execu-
ton was in the court from which it was
made to issue.
And he added soto roce: "The party
has rights but came TO the wrong apart
ment of the Temple of Justice"
fault for rent sought to avail himself of
the privilege conferred on him by 1912
Of the code, which provides that "the
issuance of the warrant for the removal
of the tenant shall be stayed, if the per-
son owing said rent shall before such
warrant be actually issued, pay the rent
due and all the costs and charges of the
proceedings" Wright, the tenant, had
unsuccessfully contested his landlords
demand in the Justices court where
proceedings had been instituted, and
had appealed to the clrcuit court, where
judgment again went against him. In
this attitude of the case he paid "all the
costs and charges of the proceedings"
and rendered the amount of rent ad-
judged to be due his landlord, who de-
clined to receive it, and insisted that the
warrant to put her in possession be is
sued, having been advised by her attor-
neys that her tenant had no right to pay
rent and costs and remain in possession
of the leased premises, after an appeal
to the circuit court. The circuit clerk
was about to issue the warrant when
the tenant filed his bill for an iniunc-
ton. The injunction was granted by
the chancery court, but its decree was
reversed by the supreme court and the
injunction was dissolved because the
remedy of the tenant was "full and
complete by application for supersedeas
to the circuit court"
The books of reported decisions in
this and other States abound in cases
where "the party had rights but went to
the wrong apartment of the Temple of
Justice"
There is nothing rational in judicial
system that has one court to try legal
! claims and another to try equitable
claims. The fact that, on appeal, the
decisions of the law and equity courts
are reviewed by the same court, proves
this.
1t frequently happens that intelligent
counsel having charge of meritorious
claims are doubtful as to the forum
where they shall seek relief, and it fire.
quently happens that at the end of a
long and expensive litigation they find
that they have mistaken their forum.
This needs not TO be and ought not to
be. The system which permits such a
result is radically wrong and should be
changed.
In many of the States, in ODE
dience to that progressive spirit
which demands that technicalities
shall not interfere to prevent the
establishment of substantial rights,
the distinction between legal and equi-
table rights has been abolished and
person having valid claim against an
other no matter what its character Laay
be may, file his plant in the court hav-
ing Jurisdiction of civil business with
absolute certainty that the merits of the
controversy will be tried and deter
mined.
The Constitution of Mississippi should
be changed so as to permit the adoption
of such system in this State. The
business now allotted by the Constitu-
ton to the circuit and chancery courts,
except the criminal business, should all
be done in one court, and there should
be criminal court with such criminal
Jurisdiction as is now conferred on the
circuit court.
Judge Campbell aptly characterizes
the judicial system of this State as "a
reproach to the civilization of the age"
Put, however, that may be it is costly
system and should be dispensed with.
1t is costly to the State and to the
counties.
1t requires eleven circuit judges and
eleven chsncellors, twenty-five in all,
whereas the system advocated by Judge
Campbell would not require exceeding
fifteen judges.
The new system could be made to de-
liver the jails at shorter intervals, and
thereby save to the counties large sums
now paid for the keeping of worthless
criminals, and it would make the execu-
ton of the law more speedy and there
fore, more eficacious.
The CLNRToN is for an improved ju-
dicial system, costing the people less
than the cumbersome system now in use,
and it is against the Radical Constitu-
ton of 1869. To get the one and get
rid of the other l. is in favor of Con
stitu tional Convention.